Homeowner sues Home Depot, contractor over HVAC installation

ROMNEY – A Hampshire County woman filed a lawsuit against a major American home improvement retailer and a Berkeley County contractor for alleged breach of a 2007 agreement.

Hetty E. Thompson, of Points,  sued Home Depot USA Inc., doing business as Home Depot Installed Products LLC, headquartered in Atlanta, and doing business in Charleston; and Bragg Mechanical Services Inc., doing business as Comfort Zone Heating & Air of Glengary last month in Hampshire Circuit Court, claiming unfair business practices.

Thompson visited a Home Depot in Winchester in October 2007 to research the cost of installing HVAC at a home she was building, and signed a contract with the company on or about Oct. 18, 2007, according to the filing.

Home Depot subcontracted the installation to Bragg. The HVAC installation was completed on or about Jan. 8, 2008, with the exception of two ducts, registers and grills.

The plaintiff alleged that for approximately the next five years, she left messages with Bragg that remained unanswered. When Bragg finally showed on or about Nov. 11, 2013, its technician noted malfunctions and said repairs were needed, but he was unable to complete them.

Thompson went several days and nights without heat, according to the grievance. The plaintiff was advised by local Home Depot staff to file a complaint against Bragg in December 2013. When she contacted Home Depot’s corporate headquarters in Atlanta to seek resolution, she was advised that Bragg no longer was associated with them.

The complaint stated that a company eventually made the needed repairs at a cost of $2,866, noting additional flaws that would require correction at an estimated additional cost of $3,650.

Alleging fraud, misrepresentation, negligence, breach of contract and warranty for both the defendants; excessive utility bills; and associated investments, the plaintiff seeks full compensatory damages, pre- and post-judgment interest, attorneys’ fees, and costs.

Thompson is represented by Royce B. Saville, of Royce B. Saville in Romney. The case has been assigned to Judge Charles E. Parsons.

Hampshire Circuit Court case number: 15-C-39-P